RE: Administrative Naturalization; LOI No. 270 and Com. Act. No. 473 are statutes in pari materia.

RE: Administrative Naturalization; LOI No. 270 and Com. Act. No. 473 are statutes in pari materia.

“The birth certificate, more than a historical record of one's birth, is a vital marker of identity. Therefore, acts and events, though occurring after birth, may be annotated on the birth certificate so long as they are consistent with a legal truth and a special law provides for its effects[.]”

[…] “Absent any express repeal of Section 15 of [Commonwealth Act] No. 473 [on the effect of the naturalization on wife and children] in [Letter of Instruction] No. 270, the said provision should be read in to the latter law as an integral part thereof, not being inconsistent with its purpose. Thus, Section 15 of [Commonwealth Act] No. 473, which extends the grant of Philippine citizenship to the minor children of those naturalized thereunder, should be similarly applied to the minor children of those naturalized under [Letter of Instruction] No. 270[.]”

Births are among those events required to be entered in the civil register.⁵⁷ The certificate of live birth or birth certificate, a vital record contained in the birth and death register, establishes the fact of birth. The required entries in the certificate of live birth are provided in Section 5 of Act No. 3753, thus:

SECTION 5. Registration and Certification of Births. — The declaration of the physician or midwife in attendance at the birth or, in default thereof, the declaration of either parent of the newborn child, shall be sufficient for the registration of a birth in the civil register. Such declaration shall be exempt from the documentary stamp tax and shall be sent to the local civil registrar not later than thirty days after the birth, by the physician, or midwife in attendance at the birth or by either parent of the newly born child.

In such declaration, the persons above mentioned shall certify to the following facts: (a) date and hour of birth; (b) sex and nationality of infant; (c) names, citizenship, and religion of parents or, in case the father is not known, of the mother alone; (d) civil status of parents; (e) place where the infant was born; (f) and such other data may be required in the regulation to be issued.

In the case of an exposed child, the person who found the same shall report to the local civil registrar the place, date and hour of finding and other attendant circumstances.

In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the parents of the infant or only the mother if the father refuses. In the latter case, it shall not be permissible to state or reveal in the document the name of the father who refuses to acknowledge the child, or to give therein any information by which such father could be identified.

Any foetus having human features which dies after twenty four hours of existence completely disengaged from the maternal womb shall be entered in the proper registers as having been born and having died. (Underscoring provided)

Generally, the entries recorded in the birth certificate: (1) the date and hour of birth; (2) the sex and nationality of the infant; (3) the names, citizens, and religion of parents; (4) the civil status of parents; and (5) the place where the infant was born, all correspond to facts existing at the time of birth as argued by the Republic. However, reading Article 407 of the Civil Code in conjunction with Article 412 of the Civil Code, even acts or events that occurred after birth may be recorded in the certificate of live birth. The reason is that Article 412 of the Civil Code uses the word "changed," which implies the occurrence of an event subsequent to birth may be recorded in the civil register. Articles 407 and 412 provide:

ARTICLE 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register.

ARTICLE 412. No entry in a civil register shall be changed or corrected, without a judicial order.

Arguing that "the naturalization of [their] father in 1977 was an act or event affecting and concerning their civil status that must be recorded in the Civil Register,"⁶⁰ Hubert and Arlene filed a Petition to correct the citizenship of their father as entered in their birth certificates.

The trial court dismissed the Petition outright, because Co Boon Peng applied for naturalization under Letter of Instruction No. 270 which, unlike Commonwealth Act No. 473 or the Revised Naturalization Law, did not expressly provide that the father's naturalization automatically extended to his wife and children.⁶¹ This Court, however, reversed the trial court, ruling that Letter of Instruction No. 270 and Commonwealth Act No. 473 are statutes in pari materia, both governing the naturalization of qualified aliens residing in Philippines. Thus:

Absent any express repeal of Section 15 of [Commonwealth Act] No. 473 [on the effect of the naturalization on wife and children] in [Letter of Instruction] No. 270, the said provision should be read in to the latter law as an integral part thereof, not being inconsistent with its purpose. Thus, Section 15 of [Commonwealth Act] No. 473, which extends the grant of Philippine citizenship to the minor children of those naturalized thereunder, should be similarly applied to the mi nor children of those naturalized under [Letter of Instruction] No. 270[.]⁶²

The facts here are similar to those in Co. Since the entry sought to be changed—citizenship—was substantial, the Manila and Quezon City trial courts correctly conducted an adversarial proceeding, notifying the local civil registrar and all parties interested under the entry sought to be corrected are impleaded. After having complied with the jurisdictional requirements for a petition under Rule 108 of the Rules of Court, Winston Brian, Christopher Troy, and Jon Nicholas alleged and proved the ultimate facts required to reflect the naturalization of their parents in their respective certificates of live birth. They established that: (1) they are the legitimate children of Lao Kian Ben and Chia Kong Liong, former Chinese nationals; (2) their parents are naturalized Filipino citizens; and (3) the nationality of their parents entered in their respective certificates of live birth remains "Chinese." 

The trial courts correctly granted the Petitions of Winston Brian, Christopher Troy, and Jon Nicolas, ordering that their decisions be annotated in their certificates of live birth.

To prohibit the annotation of events subsequent to birth in the certificate of live birth is to deny a person the right to form his or her own identity. More than a "historical record of the facts as they existed at the time of birth,"⁶⁶ the birth certificate is an instrument of individuation. It contains entries that separates a person from others.⁶⁷ We cannot fault Winston Brian, Christopher Troy, and Jon Nicholas for wanting to change the nationality of their parents as entered in their certificates of live birth. They only want a vital marker of their identity to align with a legal truth.

Naturalization may be either administrative, judicial, or legislative. As the name implies, administrative naturalization is the grant of Filipino citizenship to aliens via administrative proceedings and is currently governed by Republic Act No. 9139.⁶⁸ Judicial naturalization grants Filipino citizenship through a judicial decree and is governed by Commonwealth Act No. 423 or the Revised Naturalization Law, as amended.⁶⁹ Lastly, legislative naturalization bestows Filipino citizenship through a statute enacted by Congress.⁷⁰

It is undisputed that Winston Brian, Christopher Troy, and Jon Nicholas' father, Lao Kian Ben, applied for naturalization under Letter of Instructions No. 270, and his application was granted under Presidential Decree No. 923. Presidential Decree No. 923 provided for the same rights, privileges, duties, and obligations as well as conditions and effects of naturalization as those provided in Presidential Decree No. 836. The pertinent provisions of Letter of Instructions No. 270 and Presidential Decree No. 836 are as follows:

LETTER OF INSTRUCTIONS NO. 270

TO : Solicitor General
Undersecretary of Foreign Affairs
Director General NISA

SUBJECT : Naturalization of Deserving Aliens by Decree

In order that aliens permanently residing in this country who, having developed and demonstrated love for and loyalty to the Philippines and affinity to the customs, traditions and ideals of the Filipino people, as well as contributed to the economic, social and cultural development of our country, may be integrated into the national fabric by the grant of Philippine citizenship, you are hereby directed as follows:

1. That you shall constitute yourself as a Committee, with the Solicitor General as Chairman, to receive, and consider and submit recommendations on, applications for naturalization by decree from aliens with the following qualifications and none of the following disqualifications:

Qualifications:

a. He must not be less than 21 years of age on the date of the filing of his petition;

b. If born in a foreign country, he must have been legally admitted into the Philippines either as an immigrant or a non-immigrant;

c. He must have had a continuous residence in the Philippines of ten years, which period shall be reduced to five years for applicants with any of the following special qualifications:

1) Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities or political subdivision thereof;

2) Having established a new industry or introduced a useful invention in the Philippines;

3) Being married to a Filipino;

4) Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years;

5) Having been born in the Philippines.

d. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living;

e. He must have a known trade, business, profession, or lawful occupation, from which he derives income sufficient for his support and, if he is married or has dependents, also that of his family;

f. He must be able to speak and write Filipino; or English or Spanish, and any of the principal Philippine languages;

g. He must have enrolled his minor children of school age in any of the public or private schools recognized by the Department of Education and Culture, where Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the period of residence in the Philippines required of him prior to the filing of his petition hereunder; and

h. He must have, during the period of his residence in the Philippines, mingled socially with the Filipinos and evinced a sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people.

Disqualifications:

a. He must not be opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;

b. He must not defend or teach the necessity or propriety of violence, personal assault, or assassination for the success and predominance of his ideas;

c. He must not be a polygamist or a believer in the practice of polygamy;

d. He must not have been convicted of any crime involving moral turpitude;

e. He is not suffering from mental alienation or any incurable contagious disease.

Cases of aliens born of Filipino mothers: If, however, the applicant was born of a Filipino mother before the effectivity of the new Constitution and has resided continuously in the Philippines since birth, he shall be considered qualified hereunder without need of any further qualification, provided he does not suffer from the disqualifications above enumerated.

PRESIDENTIAL DECREE NO. 836

GRANTING CITIZENSHIP TO DESERVING ALIENS AND FOR OTHER PURPOSES

WHEREAS, in order that aliens residing in this country and deserving of Philippine citizenship may, through a less expensive and more expeditious procedure, become Philippine citizens, Letter of Instructions No. 270 constituted a Special Committee on Naturalization to receive and process applications for naturalization by decree from aliens with the qualifications and none of the disqualifications specified therein and submit recommendations thereon to the President of the Philippines; and

WHEREAS, pursuant to said Letter of Instructions, the aforesaid Special Committee has recommended to the President of the Philippines the grant of Philippine citizenship by decree to certain applicants;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby grant Philippine citizenship to the individuals of foreign nationality whose names appear in Annex "A" of this Decree, with all the rights, privileges, duties, and obligations appurtenant to such grant, and with the following effects and subject to the following conditions:

1 The grant of Philippine citizenship to the aforesaid aliens under this Decree shall be effective upon their taking the oath of allegiance as Philippine citizens and the issuance to them of certificate of naturalization by the Special Committee. The Commission on Immigration and Deportation shall thereupon cancel their certificate of registration as aliens and issue to them the corresponding identification certificates as citizens;

2 If the naturalized alien should die before taking the oath of allegiance as Filipino citizens and the issuance to him of the certificate of naturalization, his widow, if residing in the Philippines and found by the Special Committee to have none of the disqualifications specified in said LOI 270, may take the oath of allegiance as Filipino citizen, after which the minor children of said deceased alien and his wife, subject to the provisions of the next succeeding section, shall follow the acquired Filipino citizenship of their mother;

3 Alien wives and minor children of persons naturalized under this Decree shall be deemed Philippine citizens provided that:

(a) The alien wife shall, in all cases, not suffer from any of the disqualifications for naturalization under Letter of Instructions No. 270;

(b) The alien wife and minor children of persons naturalized under this Decree reside permanently in the Philippines at the time of his naturalization;

(c) If the alien wife does not reside in the Philippines at the time of the naturalization of her husband, she shall come to the Philippines and reside in this country in good faith within one year from the naturalization of her husband;

(d) If minor children do not reside in the Philippines at the time of the naturalization of their father they shall, within one (1) year from the naturalization of their father, in good faith reside in this country and, if of school age, enroll in Philippine schools. The fact that any such minor child of school age fails to graduate from a Philippine school, except for valid reasons shown, shall be considered prima facie evidence of failure to bona fide enroll in Philippine schools.

[. . . .]

5 The Special Committee may cancel certificates of naturalization issued under this decree in the following cases:

(a) If it finds that the naturalized person or his duly authorized representative made any false statement or misrepresentation or committed any violation of law, rules and regulations in connection with the petition for naturalization, or if he otherwise obtains Philippine citizenship fraudulently or illegally, the certificate of naturalization shall be cancelled;

(b) If the naturalized person or his wife, or any of his minor children who acquire Filipino citizenship by virtue of his naturalization shall, within five (5) years next following the grant of Philippine citizenship, establish permanent residence in a foreign country, that individual's certificate of naturalization or acquired citizenship shall be cancelled or revoked; provided that the fact of such person's remaining for more than one year in his country of origin, or two years in any other foreign country, shall be considered prima facie evidence of intent to permanently reside therein;

(c) If the naturalized person or his wife or child with acquired citizenship allows himself or herself to be used as a dummy in violation of any constitutional or legal provision requiring Philippine citizenship as a condition for the exercise, use, or enjoyment of a right, franchise, or privilege, the certificate of naturalization or acquired citizenship shall be cancelled or revoked;

(d) If the naturalized person or his wife or child with acquired citizenship commits any act inimical to national security, the certificate of naturalization or acquired citizenship shall be cancelled or revoked.

On the other hand, Presidential Decree No. 923 partly provides:

PRESIDENTIAL DECREE NO. 923

GRANTING CITIZENSHIP TO DESERVING ALIENS AND FOR

OTHER PURPOSES

WHEREAS, Presidential Decree No. 836 dated December 3, 1975 granted Philippine citizenship to deserving aliens who were earlier screened and recommended for citizenship by the Special Committee on Naturalization pursuant to Letter of Instruction No. 270;

WHEREAS, the Special Committee on Naturalization has completed the processing of a second group of applicants and recommended to the President of the Philippines the grant of Philippine citizenship by decree to these applicants;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby grant Philippine citizenship to the individuals of foreign nationality whose names appear in Annex A of this Decree, with all the rights, privileges, duties and obligations appurtenant to such grant and with the same effects and subject to the same conditions provided under Presidential Decree No. 836 dated December 3, 1975; Provided, however, That Presidential Decree No. 836 is amended inserting the following additional paragraph:

"3-A. Copies of the oaths of allegiance of the wives and the certificates of naturalization of the wives and minor children of persons who acquire Philippine citizenship under this Decree shall be furnished the Commission on Immigration and Deportation, which shall thereupon cancel their certificates of registration as aliens and issue to them the corresponding identification certificates as citizens."

This Decree shall take effect immediately.

DONE in the City of Manila, this 20th day of April, in the year of Our Lord, Nineteen Hundred and Seventy-Six.

Clear from Presidential Decree Nos. 836 and 923 is that the naturalization extends to the alien wife and minor children of the person naturalized upon the wife's showing that she does not suffer from any of the disqualifications under Letter of Instructions No. 270, and that she and her minor children reside permanently in the Philippines at the time of her husband's naturalization. In other words, the only persons to undergo the proceeding before the Special Committee on Naturalization will only be the person naturalized and his wife. The minor children, in the words of Letter of Presidential Decree No. 836 "follow the acquired Filipino citizenship of their mother."

Besides, the entries sought to be changed are the nationalities of Lao Kian Ben and Chia Kong Liong as appearing in the certificates of live birth of Winston Brian, Christopher Troy, and Jon Nicholas. Therefore, the only relevant issue, at least for the present proceedings, is whether or not Lao Kian Ben and Chia Kong Liong have been issued their Certificates of Naturalization and have taken their Oaths of Allegiance as Filipinos, an issue that has been resolved in the affirmative.

WHEREFORE, the consolidated Petitions for Review on Certiorari are DENIED. The Decisions of the Regional Trial Court, Branch 30, Manila in SP Proc. No. 10-124052 and of the Regional Trial Court, Branch 105, Quezon City in Sp. Proc. No. Q-10-68256 are both AFFIRMED.

Footnotes

• […] applied for naturalization as a Filipino citizen before the Special Committee on Naturalization, pursuant to Letter of Instructions No. 270.

Presidential Decree No. 923.^{8 (8} Rollo (G.R. No. 205218), p. 66 and rollo (G.R. No. 207075), p. 46, Certificate of Naturalization of Lao Kian Ben.)

• […..], being the wife of [….], was likewise conferred with Philippine citizenship pursuant to Presidential Decree No. 923.
• Implementing Rules and Regulations of Presidential Decree No. 836, in relation to Presidential Decree No. 923. 
• Letter of Instructions No. 270, is in pari materia with Section 15⁵³ of Commonwealth Act No. 473 or the Revised Naturalization Law, which automatically granted Philippine citizenship to the minor children of the naturalized Filipino under certain conditions.
• Case no. 53, 68, 69, 70
• ⁵³ Com. Act No. 473, sec. 15 provides:

Section 15. Effect of the Naturalization on Wife and Children. — Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.

Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof.

A foreign-born minor child, if dwelling in the Philippines at the time of the naturalization of the parent, shall automatically become a Philippine citizen, and a foreign-born minor child, who is not in the Philippines at the time the parent is naturalized, shall be deemed a Philippine citizen only during his minority, unless he begins to reside permanently in the Philippines when still a minor, in which case, he will continue to be a Philippine citizen even after becoming of age.

A child born outside of the Philippines after the naturalization of his parent, shall be considered a Philippine citizen, unless within one year after reaching the age of majority, he fails to register himself as a Philippine citizen at the American Consulate of the country where he resides, and to take the necessary oath of allegiance.

• ⁶⁸ The Administrative Naturalization Law of 2000. See So v. Republic, 542 Phil. 259, 271 (2007) [Per J. Callejo, Sr., Third Division].
• ⁶⁹ So v. Republic, 542 Phil. 259, 271 (2007) [Per J . Callejo, Sr., Third Division].
• ⁷⁰ Id.

[ G.R. No. 205218, February 10, 2020 ], REPUBLIC rep. by SPECIAL COMMITTEE ON NATURALIZATION (SCN) V. WINSTON BRIAN CHIA LAO et al. LEONEN, J.